CTNF 18/570,334 CTNF 80713 DETAILED ACTION 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Status Claims 1-9 are pending examination as discussed below. Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged. Information Disclosure Statement The information disclosure statement filed on 12/14/2023 has been placed in the application file and the information referred to therein has been considered as to the merits. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15 AIA Claim s 1-5 & 7-9 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by US 799612 (Sumihara) . Regarding claims 1 & 5, Sumihara teaches a jelly roll secondary battery with a battery can, a cap assembly, a spacer between the electrode assembly and the bottom of the can (Abstract; Figs. 1, 4, 11, 14; 11:15-55). As shown in the figures, each of the electrodes comprise current collectors with active material and an electrode extension part, with one extension part going up to the top of the can and the other extending down to the bottom of the can. A spring part (14), is positioned between the spacer the and bottom of the can and comprises a shape memory alloy such that the distance between the highest and lowest part decrease at deformation temperature higher than normal operating temperature (Figs. 8-11; 13:40-65, 14:7-23, 5:1-25). Regarding claims 2 & 3, the spring part is a wave spring and comprises upward and downward bent parts (Figs. 5B, 21). Regarding claim 4, the curvature of the upward and downward bent parts decreases at the deformation temperature (Figs. 5B, 21; 5:1-25). Regarding claim 7, the spacer comprises a metallic material since it is conductive (14:10-12). Regarding claim 8, the distance between the highest and lowest spring points decreases at deformation temperature and the contact between the spacer and either of the first electrode or the second electrode is released (Figs. 21-24; 23:20-60). Regarding claim 9, Sumihara teaches batteries are known to be used in hybrid automobiles, power assisted bicycles and cordless tools (1:15-31). As such it is considered inherent that the battery would be part of a battery module to power such devices . Claim Rejections - 35 USC § 103 07-20-aia AIA The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 07-21-aia AIA Claim s 6 & 9 are rejected under 35 U.S.C. 103 as being unpatentable over US 799612 (Sumihara) . The teachings of Sumihara as discussed above are incorporated herein. Regarding claim 6, the use of a spacer with a convex top surface and a flat bottom surface is well known in the art and would be obvious to choose and use for functioning in a similar and expected way for a similar and expected manner. Combining prior art elements according to known methods to yield predictable results and using known techniques to improve similar devices in the same way are considered obvious to one of ordinary skill in the art (KSR, MPEP 2141 (III)). Regarding claim 9, if the teachings of Sumihara aren’t deemed to inherently include a battery module, then it would be obvious to one of ordinary skill in the art to include the battery into a battery module to produce the proper current and voltage to power a hybrid automobile, power tool and bicycle (1:15-31). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH WALKER whose telephone number is (571)272-3458. The examiner can normally be reached Monday - Friday 8am - 4pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735 Application/Control Number: 18/570,334 Page 2 Art Unit: 1735 Application/Control Number: 18/570,334 Page 3 Art Unit: 1735 Application/Control Number: 18/570,334 Page 4 Art Unit: 1735 Application/Control Number: 18/570,334 Page 5 Art Unit: 1735
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